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NY N025246




April 25, 2008

CLA-2-61:OT:RR:NC:N3:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. John Clark
Michar LLC
4567 Maywood Avenue
Los Angeles, CA 90058

RE: The tariff classification of men’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6.

Dear Mr. Clark:

In your letter dated March 24, 2008, you requested a tariff classification ruling on behalf of Paul Davril, Inc. As requested, your samples are being returned.

Style Number: 4577248

Garment Description: Men’s 100% cotton pullover; rib knit spread collar; partial front opening with two button closures; long, set-in sleeves with rib knit cuffs; rib knit bottom. The front panel imparts the essential character to the garment.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: Back panel and set-in sleeves: Jersey knit - 13 stitches per 2 centimeters. Entire front panel: Varied rib – 14-17 stitches per 2 centimeters

HTSUS Chapter 61 Statistical Note 6 Stitch Count; Back panel and set-in sleeves: Jersey knit - 13 stitches per 2 centimeters. Entire front panel: Varied rib – Approximately 53% of the visible surface area measures 6 stitches per 2 centimeters and 47% of the visible surface area measures 12 stitches per 2 centimeters. Neither area imparts the essential character to the garment.

Component Construction: The knit to shape provisions are not applicable.

The front panel imparts the essential character to the garment. As neither stitch count under Statistical Note 6 predominates on the front panel, classification will follow General Rule of Interpretation 3(c) in the heading which occurs last in numerical order among those which equally merit consideration.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director’
National Commodity

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